tendon operation

[eastie]

Having a tendon operation on my hand due to trigger finger which I have had previously 5 year ago on the other hand.
Consultant who is also the person doing the op tells me he will sign me off for 3 weeks as I am a postman.
Thing is that I had 3 weeks off with the previous op no problem but the new DOM this time says that I have to come in and do light duties??
Confused, if I am signed off then surely that means that.
Do I just take no notice as he has bullied other workers with bad backs etc to come in and do d2d's and sorting but its a bit stupid coming in one handed ??

[doorstepped]

ask to see your Dim's Medical certificates and Doctorate.

then when he can't show you these, say " see you in three weeks Guv " and walk away.

if you drive to work, how can you with one hand? is he also going to help you use the bathroom as you only have one hand available?

you know the answer to the question.

[rehabron]

Having a tendon operation on my hand due to trigger finger which I have had previously 5 year ago on the other hand.
Consultant who is also the person doing the op tells me he will sign me off for 3 weeks as I am a postman.
Thing is that I had 3 weeks off with the previous op no problem but the new DOM this time says that I have to come in and do light duties??
Confused, if I am signed off then surely that means that.
Do I just take no notice as he has bullied other workers with bad backs etc to come in and do d2d's and sorting but its a bit stupid coming in one handed ??

Your situation is not unusual to what other colleagues are experiencing in other areas when absent from work and the current policy being adopted by RM managements in relation to their fitness for work and the total disregard to medical certificates ( fit notes).
RM have been given the green light backed by the government to accept the declarations on fit notes in relation to the medical condition or seek other advice from other sources such as an Occupational health specialist which in your case will normally be OH Assist and more than likely to action their recommendations in favour of a GP report.
Your fit note is to be issued by a hospital consultant and knowing the nature of your week will sign you off for 3 weeks this would be to your advantage coming from this source rather than your GP but again I emphasise that this can be ignored by RM for other advice.
I am surprised that your DOM has told you to come in on light duties before a referral to OH Assist has taken place as he/she would have nothing to fall back on should your return to work aggravate your injury.
Would suggest that you hand in your medical certificate received from your consultant and remain absent and wait to be contacted by your DOM to follow the attendance procedure.

[Himaggen]

RM have been given the green light backed by the government to accept the declarations on fit notes in relation to the medical condition or seek other advice from other sources such as an Occupational health specialist which in your case will normally be OH Assist and more than likely to action their recommendations in favour of a GP report.
Your fit note is to be issued by a hospital consultant and knowing the nature of your week will sign you off for 3 weeks this would be to your advantage coming from this source rather than your GP but again I emphasise that this can be ignored by RM for other advice.
I am surprised that your DOM has told you to come in on light duties before a referral to OH Assist has taken place as he/she would have nothing to fall back on should your return to work aggravate your injury.
Would suggest that you hand in your medical certificate received from your consultant and remain absent and wait to be contacted by your DOM to follow the attendance procedure.

If you do not give your consent to having the OH Assist referral, which you do not have to do, there is no other qualified source for them to seek 'other advice'.

The guidance suggests referral for long term absences, (beyond 14 days).

My suggestion is that you take your recouperation time for the first two weeks, (keeping in weekly contact via email), then make a request for a referral after that, (also via email). By the time any advice has been given you'd have had your three weeks and will hopefully be on a planned re-introduction to full duties.

[rehabron]

If you do not give your consent to having the OH Assist referral, which you do not have to do, there is no other qualified source for them to seek 'other advice'.

" Before a referral is made an employee MUST give their consent." Extract from attendance agreement.
Would hate to rely on a ruling from an employment judge or the Oxford English Dictionary on the exact interpretation and definition of the meaning of the word must.

[Himaggen]

If you do not give your consent to having the OH Assist referral, which you do not have to do, there is no other qualified source for them to seek 'other advice'.

" Before a referral is made an employee MUST give their consent." Extract from attendance agreement.
Would hate to rely on a ruling from an employment judge or the Oxford English Dictionary on the exact interpretation and definition of the meaning of the word must.

To avoid further confusion, let me re-iterate. For a referral, your consent is mandatory, if asked for your consent, you are fully entitled to decline.

[rehabron]

To avoid further confusion, let me re-iterate. For a referral, your consent is mandatory, if asked for your consent, you are fully entitled to decline.
Can you please tell me in which part of the attendance procedure this statement is shown.

[5plusbonusball]

Take the 3 weeks off obviously, I did , I previously was off sick and thought I would return early to help them out but it turned out they didn't need me and I should have stayed off (that made me sicker!)
Your boss will ring you and say "do you want atos to ring you" just say ok . they're just as useless as managers and not doctors, happy holiday!
Yes had both wrists and left hand done , I blame the job and hope there is a mass sue-ing one day.

[Himaggen]

Can you please tell me in which part of the attendance procedure this statement is shown.

You've already shown us

" Before a referral is made an employee MUST give their consent." Extract from attendance agreement.

In a tribunal it may be argued that consent is implicit, (implied), however it isn't explicit, (expressed clearly and directly in the agreement).

[rehabron]

Can you please tell me in which part of the attendance procedure this statement is shown.

You've already shown us

" Before a referral is made an employee MUST give their consent." Extract from attendance agreement.

In a tribunal it may be argued that consent is implicit, (implied), however it isn't explicit, (expressed clearly and directly in the agreement).

You are absolutely correct it isn't explicit or expressed clearly in the attendance agreement and that was the issue that I made reference to.
It is left to whoever is interviewing on absence and attendance issues how they interpret must give their consent and that should not be the case and would need to be referred to ACAS or an ET to have the wording agreed for the avoidance of doubt another well known inclusion on policy agreements.
If you have been representing members as I have done and sitting at the other side of the desk at attendance interviews where mangers are totally ignoring the content of the attendance agreement by manipulating and interpreting the wording for their own self-gratification then you will realise why I am being so predantict on this subject.
It is also stated in the Q&A of the attendance agreement that where there is a conflict between the GP and the Occupational Health provider on their recommendations for the absentee then the Occupational Health provider has to consult with the GP and reach an agreement THIS IS NOT HAPPENING

[Himaggen]

It is left to whoever is interviewing on absence and attendance issues how they interpret must give their consent and that should not be the case and would need to be referred to ACAS or an ET to have the wording agreed for the avoidance of doubt another well known inclusion on policy agreements.

I would suggest that the balance of probability on this is heavily in favour of the employee. For three reasons

1. If consent was compulsory then it would be doubtful that such a clause would be included at all.
2. If Employee consent was anything other that discretionary then it would be unlikely that a clause explaining such wouldn't be included.
3. Additionally, this section of the agreement would not be included

   Declining Occupational Health Service referrals
   As part of the attendance process, the manager should refer the employee to the Occupational Health Service for advice on whether there are health issues that are affecting attendance. In order for the Occupational Health Service to provide expert practical guidance, it is necessary for them to be provided with all the employee’s details through the referral document and to assess the employee to discuss their absence and any underlying health issues or problems they may have.
   The employee must understand and consent to this process. An employee may refuse to cooperate with the attendance process by either declining to give this consent or in refusing or failing to attend their referral appointment. In such cases the approach that should be taken by the manager should be the same:
   • The manager should ensure that they document every attempt made to encourage the employee’s cooperation with the process
   • The manager should also ensure that the employee clearly understands why the referral to the Occupational Health Service is being made and how the information received from them will be used. In order to demonstrate this, the manager should write to the employee to explain why the referral is being made
   Ensure the employee understands the consequences of non-cooperation
   Where, despite the manager’s best attempts, the employee still declines to give consent or attend a referral, they should make the employee aware of the consequences of failing to cooperate with the process. They should ideally meet with the employee to discuss or speak with them on the telephone. This conversation should be confirmed in writing.
   The manager should advise the employee that it is in their best interests to attend a referral with the Occupational Health Service to enable the manager to support them with their attendance and any medical or other problems they may have. Where the employee continues to refuse to cooperate, then any decision made will be on the basis of any information that is available at the time and without the input of the Occupational Health Service. This would normally be within two weeks.

I agree with the fact that there is too much unsaid which is open to clever interpretation to suit the party. (I just make sure that I am that party, and await a Manager clever enough to prove me otherwise)

Before being referred, the employee must give their consent.

Above, I have re-quoted the wording from the agreement because your wording, below, could be interpreted differently again. (See in Red).

Before a referral is made AN employee must give their consent.

This could be made to mean any random employee and not the employee with the health issue!

[TrueBlueTerrier]

If there is any ambiguity in a written contractual term, the courts must resolve the ambiguity in favour of the employee.http://www.simplaw.co.uk/Contract_of_Employment1" onclick="window.open(this.href);return false;